2019-039 - Requesting the Sheriff or a Constable to Re-Sell Bid-Off Tax Properties - includes Westgate Apartments

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RESOLUTION NO. 2019-039 A RESOLUTION REQUESTING THE SHERIFF OR A CONSTABLE TO RE- SELL BID -OFF TAX PROPERTIES IN ACCORDANCE WITH THE TEXAS PROPERTY TAX CODE WHEREAS, the properties identified in Exhibit "A" (the "Sale Properties") are parcels of real property against which signed judgments foreclosing on ad valorem tax liens (for delinquent taxes) exists, but which have not yet been offered for sale at a public auction or tax sale; and WHEREAS, should the Sale Properties be offered for sale at a future tax sale or public auction and subsequently bid -off to the CITY, the CITY desires that the Sheriff or a Constable re -sell the Sale Properties at public auction in accordance with the Texas Property Tax Code Subsections 34.05(c) and (d), subject to any remaining rights of redemption and other rights or privileges provided for by law or court order; and WHEREAS, the properties identified in Exhibit "B" (the "ReSale Properties") are parcels of real property which have been foreclosed upon and offered for sale at public auction pursuant to judgments and orders issued by the District Courts of Lamar County, and subsequently bid -off to the City of Paris ("CITY") as Trustee for itself and other taxing units; and WHEREAS, the CITY desires that the Sheriff or a Constable re -sell the ReSale Properties at public auction in accordance with the Texas Property Tax Code Subsections 34.05(c) and (d), subject to any remaining rights of redemption and other rights or privileges provided for by law or court order; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the CITY COUNCIL of THE CITY OF PARIS, that: Section 1. The Sheriff or a Constable is hereby requested to promptly re -sell the Sale Properties and ReSale Properties by public sale in accordance with Texas Property Tax Code Subsections 34.05(b), (c) & (d), as otherwise permitted by the Texas Property Tax Code, and as directed by the City Manager or his designee. Section 2. That the City Manager or his designee is hereby authorized to set a minimum bid for each property subject to public re -sale, and to withdraw any individual property (in whole or part) from public sale if it is in the best interests of the CITY. The Properties may be re -sold at one or multiple sales as directed by the City Manager or his designee. Section 3. Any prior private re -sale approval granted by the CITY under Texas Property Tax Code Section 34.05(1) for any of the ReSale Properties is hereby revoked if the tax re -sale deed has not been executed by November 30, 2019. Section 4. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the law, Tax Re -Sale Resolution, Page 1 of 4